Dinny McGinley (Donegal South West, Fine Gael) | Oireachtas source

I thank Deputy Broughan for raising this important matter. Section 202 of the Planning and Development Act 2000 provides that a planning authority can decide to make an order declaring a specified area to be an area of special amenity for reasons of its outstanding beauty or special recreational value, having regard to any benefits for nature conservation as well as for the purposes of preventing or limiting development in the area. The making of a special amenity area order is a reserved function of the elected members of a local authority. However, the Minister for the Environment, Community and Local Government may, if he or she considers it necessary, direct a planning authority to make an order declaring a specified area to be an area of special amenity for reasons of its outstanding beauty or special recreational value and having regard to any benefits for nature conservation. All special amenity area orders made by a planning authority, whether on the initiative of the authority or on foot of a direction by the Minister, require confirmation by An Bord Pleanála under section 203 of the 2000 Act before they can come into effect.

The Fingal County Council special amenity area order in respect of Howth was made in 1999 and confirmed on 16 May 2000 with no conditions attached. It designates an extensive area of the Howth Peninsula as an area of special amenity in order to preserve and enhance the character and special features of the area, including its historic walkways and unique wilderness, on the basis of its outstanding natural beauty, special recreational value and a need for nature conservation. The order provided the framework for a management programme by the council for the preservation and enhancement of the character or special features of the area and for the preservation and limitation of development. The order also enabled the council to make conservation orders to protect specific flora and fauna of special amenity value or special interest where this is considered appropriate.

The Howth special area amenity management committee comprises five councillors from the Howth-Malahide area as well as representatives of residents, the commercial sector and the administrative division of Fingal County Council. The committee meets quarterly to oversee the operation of the Howth amenity area. If it is considered that additional local measures are needed to strengthen the protected status of the local amenities further, the management committee or any other local stakeholders may make proposals for the Howth special amenity area order to be reviewed. Given that the amenity area is managed under local arrangements, it would be appropriate for any such proposal to be considered by Fingal County Council in the first instance.

See this speech in context